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2010 YLR 2183

ASHHAD ILYAS vs THE STATE

Citation2010 YLR 2183
CourtSindh High Court
Case No.Criminal Bail Application No, 1230 of 2006
Date2007-01-12
Judge(s)Amir Hani Muslim
ResultOrder accordingly

ORDER

1. ' AMEER HANI MUSLIM, J.---This is a bail before arrest application and this Court has granted interim bail. Mr. Chaudhry Iftikhar Ahmed, learned counsel for the complainant states that the applicant is already on bail granted by 1st Additional Sessions Judge, Karachi South and therefore, there cannot be a second bail application. The legal position as stated by Mr. Chaudhry Iftikhar Ahmed is correct. I treat this bail application as application under section 561-A Cr.P.C. The counsel for the applicant states that NBWs have been issued by the trial Court on the nonappearance of the applicant. The explanation offered by the applicant's counsel was that the I.O. Had given an assurance to the applicant and his brothers that he would be disposing of the case in "C" class and under this impression the applicant never appeared before the trial Court. The applicant, however, has filed rent case against the husband of complainant and in cross-examination the applicant was confronted with this position and applicant acquired knowledge that the case has been challaned against him and his brothers and NBWs in the matter have been issued. On acquiring the knowledge, the applicant has approached this Court. The explanation offered appears to be plausible. Learned State counsel has no objection. Under these circumstances, the order issuing NBWs by the trial court is set aside and the applicant is directed to appear before the trial court on the next date of hearing. The bail bonds of the applicant stand cancelled and surety discharged.

2. This Criminal Miscellaneous Application stands disposed of in the above terms. Office shall number it as Criminal Miscellaneous Application.

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